Leder v. Stout

NORTHCUTT, Justice.

This was an action brought in the District Court of Dallam County, Texas to enjoin the levying of an execution issued on a final judgment theretofore rendered by said court. In the original suit, A. D. Bonner sued Simon Herzstein, Jr., and had an attachment issued upon certain real estate.

Before the trial in the original suit, Herzstein replevied the real estate by giving a replevin bond with Max N. Leder and Clyde W. Houser as sureties, in which all parties acknowledged themselves bound to pay A. D. Bonner “condition — that should the defendant be condemned in the above…